Definition of Writ of Seizure and
The Writ of Seizure and Sale (WSS) is what we regard as the most effective mode for the enforcement of a money judgment.
The writ is a direction to the Sheriff to seize in execution the movable properties of the judgment debtor within Malaysia as may be sufficient to satisfy the amount of the judgment debt, interest and the costs of the execution.
该令状是一项指示给予一名法警查封判决债务人在马来西亚的动产， 以便足以还偿判决债务, 利息和该执行的费用.
Execution // 执行
The WSS will start the execution by the seizure and thereafter sale of the judgment debtor’s movable properties. The sale is usually by a public auction, conducted by the Sheriff or a licensed auctioneer which is sufficient to satisfy the judgment debt and costs of the execution. An auction is usually conducted 14 days after seizure.
“查封与拍卖令” 将通过扣押判决债务人的动产开始执行然后售出。这种交易通常会在法警或持牌拍卖师以拍卖会的方式进行, 以便足以偿还经法院裁定的债务, 和执行的所涉费用。 拍卖会通常会在扣押后的十四天进行.
Usually at least one security personnel will be posted to ensure that the judgment debtor does not remove the properties seized.
The writ further directs the Sheriff to pay the plaintiff the amount levied (less his own costs and charges), state how he has executed it, and send a copy of such statement to the plaintiff.
The judgment creditor may enforce the judgment by way of a winding-up petition against the judgment debtor without first exhausting other methods of execution.
For disputes on the goods seized click here.
Reciprocal Enforment of Judgment Obtain In Singapore, United Kingdom, Hong Kong and Other Commonwealth Countries
在新加坡, 英国, 香港及其它英联邦国家所获得的相互执行判决
Can a foreign judgment be enforced in the Malaysian Courts?
The short answer is yes. Judgment from the United Kingdom, Hong Kong, Singapore and many commonwealth countries may be registered and enforced like a Malaysian Judgment through the Reciprocal Enforcement of Judgment Act 1952 of Malaysia.
简短的答案是可以的。依据马来西亚1952年相互执行判决法，在英国, 香港, 新加坡和许多英联邦国家的判决可以像马来西亚的判决一样进行注册和执行。
Chinese Translation by Anni Ng
Amended by Lim Wen Mi